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PiracyPiracythe intellectual property warsfrom gutenberg to gates*Adrian Johnsthe university of chicago pressChicago and London adrian johns is professor of history and chair of the Committee on Conceptual and Historical Studies of Science at the University of Chicago, and the author of The Nature of the Book: Print and Knowledge in the Making (1998), published by the University of Chicago Press.The University of Chicago Press, Chicago 60637The University of Chicago Press, Ltd., London(c) 2009 by Adrian JohnsAll rights reserved. Published 2009Printed in the United States of America18 17 16 15 14 13 12 11 10 09 1 2 3 4 5isbn-13: 978-0-226-40118-8 (cloth)isbn-10: 0-226-40118-9 (cloth)Library of Congress Cataloging-in-Publication DataJohns, Adrian. Piracy : the intellectual property wars from Gutenberg to Gates / Adrian Johns. p. cm. Includes bibliographical references and index. isbn-13: 978-0-226-40118-8 (cloth: alk. paper) isbn-10: 0-226-40118-9 (cloth: alk. paper) 1. Intellectual property infringement--History. 2. Piracy (Copyright)--History. 3. Copyright infringement--History. 4. Software piracy--History. 5. Printing--History. I. Title. K1401.J645 2009 346.04'8--dc22 2009017513 The paper used in this publication meets the minimum requirements of the American National Standard for Information Sciences--Permanence of Paper for Printed Library Materials, ANSI Z39.48-1992.For David.And it is, it is a glorious thingTo be a Pirate King!Contents 1 A General History of the Pirates 1 2 The Invention of Piracy 17 3 The Piratical Enlightenment 41 4 Experimenting with Print 57 5 Pharmaceutical Piracy and the Origins of Medical Patenting 83 6 Of Epics and Orreries 109 7 The Land without Property 145 8 Making a Nation 179 9 The Printing Counterrevolution 213 10 Inventors, Schemers, and Men of Science 247 11 International Copyright and the Science of Civilization 291 12 The First Pirate Hunters 327 13 The Great Oscillation War 357 14 Intellectual Property and the Nature of Science 401 15 The Pirate at Home and at Large 431 16 From Phreaking to Fudding 463 17 Past, Present, and Future 497Acknowledgments 519Notes 523Index 593

1A General History of the PiratesIn mid-2004, executives at the Tokyo headquarters of the huge electron-ics multinational NEC began to hear reports that its products were being counterfeited and sold in Chinese stores. Nobody was at all surprised. Reports of this kind were routine for any corporation of NEC's size and reach, and in this case they initially seemed to concern small stu--blank DVDs and the like. The company nevertheless moved swiftly to put into action its standard response in such cases, hiring a firm called Inter-national Risk to look into the matter. There was no reason to suspect that this would prove to be anything more than yet another incident like all the others--irritating, no doubt, but impossible to suppress entirely. Piracy of this kind was the unavoidable price of doing business on a global scale.Two years, half a dozen countries, and several continents later, what International Risk had unveiled shocked even the most jaded experts in today's industrial shenanigans. They revealed not just a few streetwise DVD pirates, but an entire parallel NEC organization. As the real com-pany's senior vice president ruefully remarked, the pirates had "attempted to completely assume the NEC brand." Their version, like the original, was multinational and highly professional. Its agents carried business cards. They were even recruited publicly by what looked like legitimate advertising.1 The piratical firm had not only replicated existing NEC 1

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